HomeMy WebLinkAbout032658 ORD - 02/08/2022Ordinance authorizing license agreements to allow the parking of
dockless vehicles in the City's right-of-way with a term ending
January 1, 2023 and two automatic one-year renewals upon payment
of fees, which license agreements will replace the license agreements
approved by Ordinance No. 031652.
Whereas, two companies currently provide dockless scooter services in the City limits
under a previous license agreement approved in January of 2019;
Whereas, the costs of managing the dockless vehicle program have decreased;
Whereas, the City wishes to adjust the fees for parking vehicles in the public right-of-way
and limit the number of vehicles and the locations in which they may be parked;
Whereas, City staff is moving forward with a procurement process to locate the best
providers of this service and further limit the total number of dockless vehicles that may
be parked in the City;
Whereas, City staff wishes to implement the recommended changes to the program
immediately and then use the same license agreement template for future agreements
that are awarded following the procurement process; and
Whereas, the City Council believes that it is in the best interests of the residents of the
City to approve new agreements with the current vendors that implement the new fee
structure and limitations until such time as the procurement process is completed.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. The City Manager or designee is authorized to execute licenses with the
current vendors, Blue Duck Express, Inc. and Neutron Holdings, Inc., dba Lime, for use
of City owned right-of-way to park dockless vehicles that are available to rent within the
City in the form attached hereto as Exhibit A, which licenses are terminable upon 14
days' notice that the vendor was not one of the vendors selected following the
procurement process.
SECTION 2. Following the completion of the procurement process, the City Manager or
designee is authorized to execute licenses with the vendors selected under the
procurement process for use of City owned right-of-way to park dockless vehicles that
are available to rent within the City in the form attached hereto as Exhibit B, which
licenses are identical to Exhibit A except that they do not include the termination
following the procurement process.
032 658
SCANNED
That the foregoing ordi ance was read for the first time and passed to its second
reading on this the day of OAv.�n , 2022, by the following vote:
Paulette M. Guajardo
Roland Barrera
Gil Hernandez
Michael Hunter
Billy Lerma
John Martinez ,C
Ben MolinaA.1---
Mike Pusley
Greg Smith
That the foregoing ordinance was read for the second time and passed finally on this
the me day of F' ,. 2022, by the following vote:
Paulette M. Guajardo
Roland Barrera
Gil Hernandez
Michael Hunter
Billy Lerma
PASSED AND APPROVED on this the
ATTEST:
Rebecca Huerta
City Secretary
032 658
John Martinez
Ben Molina
Mike Pusley
Greg Smith
day of (+,,,
, 2022.
Paulette M. Guajardo
Mayor
LICENSE AGREEMENT — DOCKLESS VEHICLES
STATE OF TEXAS
COUNTY OF NUECES
This Agreement ("Agreement") is entered into by and between the City of Corpus Christi
("City"), a Texas home -rule municipal corporation, and , whose business
address is ("Licensee").
WHEREAS, the City is the owner of public infrastructure and right-of-way throughout its
boundaries, including, but not limited to, streets and sidewalks; and
WHEREAS, Licensee wishes to operate a business within the City to rent dockless
vehicles; and
WHEREAS, Licensee has requested that the City allow the use and occupancy of the
City's right-of-way for parking of Licensee's dockless vehicles.
NOW THEREFORE, THE CITY AND LICENSEE AGREE AS FOLLOWS:
In accordance with Article IX, Section 1, of the City's City Charter, the City has granted
and by these presents does grant to Licensee, for the term and upon the conditions
stated in this Agreement, a License for the right to park dockless vehicles in the City's
right-of-way in accordance with the terms of this License.
The License granted by this Agreement is issued to the Licensee only. This Agreement
may not be assigned by Licensee without the City Manager's prior written consent. The
City Manager's right to withhold consent to such assignment is within the sole discretion
of the City Manager on any ground whatsoever.
The License granted by this Agreement is subject to the Licensee's compliance at all
times with the following conditions:
1. Licensee agrees to pay all fees associated with the License. Failure to pay
fees may result in revocation of the License on seven -days' written notice to
Licensee. The required licensing fees are as follows:
a. A fee in the amount of $60 annually per dockless vehicle available for
rent in the City. The first payment of this fee is due upon execution of
this Agreement. Future annual fees are due by January 1st of each year.
b. A fee in the amount of $0.30 per ride for each time a dockless vehicle is
activated to be ridden within the City limits, which is due by the 10th day
of each calendar month for the rides taken in the preceding month.
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Licensee shall provide, along with this fee, a report detailing the number
of rides within the City during the preceding month, number of vehicles
deployed each day, average number of rides per scooter, average ride
length (in minutes) and heat maps showing the start and end location for
each ride during the month.
c. A Relocation Fee of $20 will be charged any time a City employee
moves a dockless vehicle that has been parked in an unauthorized
manner for more than two hours or that does not have a printed permit
attached to the dockless vehicle after the City provided notification to the
Licensee of the dockless vehicle's location. The City will notify the
Licensee as soon as practicable that the dockless vehicle was moved
and will invoice any fees monthly.
2. If Licensee's dockless vehicles are parked in the City's right-of-way, Licensee
shall deploy, and only allow riders to park, dockless vehicles (1) upright on
sidewalks as defined by Section 53-260 of the Code of Ordinances or (2)
laying flat in the grassy parkway along the curb. Licensee is encouraged to
deploy, and shall encourage riders to park, the dockless vehicles on sewer
caps or other concrete areas that will not impact pedestrian access to the
sidewalk. In areas where a dockless vehicle corral is available within
1,000 feet, Licensee will deploy all vehicles as authorized within the
boundaries of the corral and require that all riders park such dockless
vehicles in the corral, which requirement will be enforced with available
technology. No dockless vehicles may be deployed or parked on any City
street, including in marked parking spaces on City streets. The Licensee shall
ensure that its dockless vehicles are deployed and parked in such a manner
as to:
a. maintain at least 36 inches of space on the sidewalk to allow for
pedestrian traffic and accommodate ADA requirements; and
b. not block any of the following:
i. Disabled parking zones
ii. Wheelchair or curb Ramps
iii. Bicycle lanes
iv. Commercial loading zones
v. Railroad tracks or crossings
vi. Passenger loading zones or valet parking services areas
vii. Buildings entryways
viii. Vehicular driveways
ix. Fire hydrants or fire lanes
c. Dockless vehicles can be placed in the following areas, but cannot block
access to any of the following:
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i. Transit stops, shelters or platforms
ii. Bus benches
iii. Street furniture that requires pedestrian access (ie. Benches)
d. Licensee may deploy no more than dockless vehicles in City
limits. The City will provide permit stickers for each dockless vehicle
once they are designed and printed. Licensee must, within seven days
after receiving permit stickers, ensure that a permit sticker is affixed to
each dockless vehicle deployed within the City limits. If Licensee wishes
to add additional dockless vehicles to its fleet in the City limits, Licensee
may request authorization from the City Manager or designee ("City
Manager") for those additional dockless vehicles. If Licensee is permitted
to deploy additional dockless vehicles, then Licensee will pay to the City
a fee of $50 per additional dockless vehicle, which must be paid
before any additional dockless vehicles are deployed. The City will
provide additional permit stickers for any approved dockless vehicles,
which must be affixed on the dockless vehicles before they are
deployed. The additional dockless vehicles will be added into the
calculation of the next annual fee due on January 1st of each year.
e. Licensee may deploy no more than dockless vehicles on the
Downtown Seawall located along Shoreline Blvd. between the Barge
Dock and Cole Park (the "Seawall"). The City Manager may, by
providing 48 hrs. notice to Licensee, adjust the number of dockless
vehicles that Licensee is authorized to deploy on the Seawall. Each day,
by 7:00 a.m., Licensee will confirm that no more than the authorized
number of its dockless vehicles are parked on the Seawall. Licensee will
ensure that all dockless vehicles deployed on the Seawall are deployed
as authorized in dockless vehicle corrals once such corrals are available.
Licensee may deploy additional dockless vehicles in appropriate places
in Water's Edge Park with approval of the City.
3. Licensee will ensure that the following restrictions on the operation of
dockless vehicles are included in the information provided to customers and
enforced by Licensee when violations are discovered.
a. Dockless vehicles may not be operated with more than one passenger.
b. Dockless vehicles may only be operated by a person who possesses a
valid driver's license.
c. Dockless vehicles may not operate on the Seawall and on the
"Beachwalk", the pedestrian sidewalk that runs along the beach on North
Beach, at a speed in excess of 10 miles per hour. Licensee will use
available technology to enforce this requirement.
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d. The City Manager may provide a list of individual locations on which the
dockless vehicles may be limited or may not be allowed to operate for
safety reasons, which list may be updated periodically. Licensee will use
available technology to enforce the limitations provided on that list.
4. This Agreement, and the rights granted under the Agreement, may be revoked
at any time by the City as follows:
a. Termination for breach by Licensee: upon not Tess than 30 days' notice,
in writing, by the City Manager this Agreement will terminate unless the
Licensee is able to cure the defect within such 30 -day period.
b. Termination for convenience: upon 60 days' notice, in writing, by the City
Manager, this Agreement may be terminated for any reason.
c. In the event of a revocation by the City Manager or earlier termination of
this Agreement by either party, no portion of any payment made under
this Agreement is refundable to the Licensee.
5. Subject to termination under paragraph 4 above, the term of this License
begins on the date signed by the last party and expires on January 1, 2023.
This Agreement shall automatically renew for two successive terms expiring
on January 1 of each successive year, unless either party has given 30 days'
notice, in writing, of its desire to terminate this Agreement. This Agreement
automatically terminates if Licensee discontinues or abandons the use of the
City's right-of-way for a period of more than seven consecutive days or on the
effective date of any City ordinance banning the use or rental of dockless
vehicles of the sort rented by Licensee in the City's right-of-way. This
Agreement will automatically expire on the effective date of any City ordinance
that requires a permit for the rental of dockless vehicles within the City. This
License is made expressly subject and subordinate to the right of the City to
use the City's right-of-way for any public purpose.
6. Upon expiration or earlier termination of this License, Licensee shall at its sole
cost and expense make or cause to be made the removal of the dockless
vehicles from the City's right-of-way. Licensee shall reimburse City for the cost
of City's removal of the dockless vehicles if Licensee does not remove them
within 48 hours following the expiration or earlier termination of this License.
7. The Licensee agrees to comply with all City ordinances, State of Texas and
federal laws.
8. The City may, upon at least 48 hours' notice, require Licensee to prohibit its
riders from riding or parking its dockless vehicles in specified locations during
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special events, such as the Buc Days festival. Licensee shall use geo-fencing
technology and/or other appropriate methods to enforce the prohibition when
requested.
9. If Licensee receives a report or complaint from any person regarding a
dockless vehicle parked in a manner that does not comply with this License,
Licensee will investigate and correct any unauthorized parking within two
hours. Repeated failure to timely respond to reports or complaints may result
in revocation of this License on seven -days' written notice to Licensee. If a City
employee moves a dockless vehicle that has been parked in an unauthorized
manner for more than two hours, the Licensee will pay the Relocation Fee
provided in paragraph 1 above.
10. The Licensee shall acquire and maintain at all times for the term of this
Agreement insurance coverage pertaining to the dockless vehicle activities
authorized by this License. The types of required insurance coverages must
be in the minimum amounts set forth in the attached Exhibit A, the
substantive content of Exhibit A being incorporated by reference into this
License as if fully set out here in its entirety. The insurance policies must
name the City as an additional insured and may not be canceled, renewed or
materially changed by Licensee unless at least ten (10) days advance written
notice has been provided to the City. Upon the City Manager's written request,
Licensee shall provide copies of all requested insurance policies to the City's
City Attorney.
11. Licensee agrees that its dockless vehicles will be maintained in good, working
order, and inspected regularly in accordance with the following:
a. Licensee shall be capable of quickly identifying and addressing safety
and maintenance issues with any of its dockless vehicles, including a
user-friendly and convenient, as determined by the City Manager,
mechanism for notification to the company that there is a safety or
maintenance concern with the unit.
b. Licensee shall be capable of remotely disabling the use of a dockless
vehicle immediately should it be reported or found to have a safety,
maintenance or other hazardous condition.
c. Licensee shall remove any dockless vehicle that is not safe to operate
within two hours of receipt of notice and shall not redeploy the dockless
vehicle until repaired.
d. Licensee shall keep a record of known collisions and send these reports
to the City on a monthly basis, due on the 5th of each month.
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e. Licensee shall keep a record of maintenance activities including but not
limited to identification number of the dockless vehicle and maintenance
performed.
12.On or before the effective date of this License, Licensee will provide the
following information to the City, and will update such information within seven
days following any changes:
a. Name, phone number and email address of local fleet manager;
b. Phone number and email address for public to report improperly parked
dockless vehicles and other violations. The phone number must be
posted on each dockless vehicle; and
c. Address of fixed facilities in the City used in the operation, if any, and the
address of the applicant's headquarters, if different from the address of
the fixed facilities.
13.On or before the 51h day of each month, beginning on the first month after the
effective date of this License, Licensee will provide the following information to
the City:
a. Access to an online, interactive dashboard offering data about its fleet
and trip activity within the City. Information available to the City through
this dashboard shall include, but is not limited to:
i. Total number of rides, with the ability to sort and aggregate on a
daily, monthly, quarterly, and annual basis.
ii. Total number of dockless vehicles deployed with the ability to sort,
aggregate and filter historical data on a daily, monthly, quarterly,
and annual basis.
Anonymized aggregated data in the form of heat maps showing
routes, origins and destinations with the ability to sort, aggregate
and filter historical data on a daily, monthly, quarterly, and annual
basis.
iv. The ability to export the above raw data into a comma separated
value (csv) format.
b. Licensee shall provide the City with access to an Application
Programming Interface (API) offering data about its fleet and trip activity
within the City, meeting the requirements of the Mobility Data
Specification (MDS) format.
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c. The MDS API will provide standardized data that contains information
with respect to individual rides, including without limitation: Start -time,
end -time, start location, end location, route information, dockless vehicle
ID, total trip distance.
d. Licensee responsible for providing the City with the API key,
documentation, and any other required information to fully utilize the
MDS API.
e. Licensee shall maintain a record of maintenance activities. These
records shall be made available to the City upon request.
f. Licensee warrants that the data provided pursuant to this License will be
accurate. Licensee will not knowingly provide any false information. If the
City determines that any of the data provided by Licensee is false or
misleading, the City may immediately revoke this License. If the License
is revoked in accordance with this subparagraph f, Licensee must
remove all dockless vehicles from the City's right-of-way within 48 hours
of notice from the City.
g.
Licensee shall not provide personally identifiable information to the City.
Any information related to rides or ridership must be anonymized prior to
reporting to the City.
14. Licensee shall educate customers, employees, and contractors regarding the
laws applicable to riding, operating, and parking a dockless vehicle as well as
the terms of this License related to the proper parking of dockless vehicles.
15. Licensee shall comply with Payment Card Industry Data Security Standards
(PCI DSS).
16. Licensee shall take appropriate actions to safeguard any data received from
customers and shall be solely responsible for any data breach. Licensee
warrants that it follows accepted industry standards related to privacy and safe
storage of customer data. Licensee shall promptly notify the City of any data
breach. Licensee shall not provide personally identifiable information to the
City.
17. LICENSEE COVENANTS TO FULLY INDEMNIFY, SAVE AND HOLD
HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS,
EMPLOYEES, AND AGENTS, ("INDEMNITEES") AGAINST ANY AND ALL
LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS AND ACTIONS OF ANY
NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES
(INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS'
COMPENSATION AND DEATH CLAIMS), OR PROPERTY LOSS OR
DAMAGE OF ANY KIND WHATSOEVER (COLLECTIVELY, "CLAIMS"),
ASSERTED AGAINST INDEMNITEES, WHICH ARISE OUT OF OR ARE IN
ANY MANNER CONNECTED WITH, OR ARE CLAIMED TO ARISE OUT OF
OR BE IN ANY MANNER CONNECTED WITH THE USE OF THE RIGHT-
OF-WAY PURSUANT TO THIS AGREEMENT, EXCEPT TO THE EXTENT
SUCH CLAIMS ARE BASED ON OR RESULT FROM INDEMNITEES'
NEGLIGENCE OR UNLAWFUL OR WRONGFUL ACTS OR OMISSIONS.
LICENSEE MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS,
ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND
ALL ACTIONS BASED ON ANY CLAIMS, WITH COUNSEL REASONABLY
SATISFACTORY TO INDEMNITEES, AND PAY ALL CHARGES OF
ATTORNEYS AND ALL OTHER REASONABLE COSTS AND EXPENSES
OF ANY KIND ARISING FROM ANY OF SAID CLAIMS, WHICH ARE
FINALLY AWARDED BY A COURT OF COMPETENT JURISIDICTION OR
AGREED TO BY LICENSEE IN SETTLEMENT.
18.AII signatories signing this Agreement warrant and guarantee that they have
the authority to act on behalf of the entity represented and make this
Agreement binding and enforceable by their signatures.
19. Unless otherwise stated in this Agreement, any notice required or permitted to
be given under this Agreement must be in writing and sent by certified mail,
return receipt requested to the following addresses:
If to Licensee:
If to the City:
Attn:
City of Corpus Christi
Attn: Finance Department
P. O. Box 9277
Corpus Christi, TX 78469-9277
Any party shall, by notice to the others in accordance with the provisions of
this paragraph, specify a different address or addressee for notice purposes
within 10 days of any address change.
Notice of dockless vehicles parked in an unauthorized manner can be made
by e-mail or by phone. For purposes of the requirement to move the dockless
vehicle under paragraph 7, notice is effective immediately upon sending the
e-mail or making the phone call.
Phone:
E-mail address:
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20. This License shall be construed under and in accordance with the laws of the
State of Texas, and all obligations of the parties created pursuant to this
License are performable in Nueces County, Texas. All actions arising from,
out of, or related to this License must be filed, tried, and resolved in and
cannot be removed from Nueces County, Texas.
21. The Licensee further agrees, in compliance with Section 2-349 of the Corpus
Christi Code of Ordinances, to complete, as part of this Agreement, the
"Disclosure of Interests" form attached to this Agreement as Exhibit B.
Completed versions of Exhibit B by the Licensee form a part of this
Agreement and are incorporated by reference into this Agreement as if set out
here in their entireties.
22. Licensee agrees to comply with Texas Government Code Section 2252.908,
as it may be amended, and to complete Form 1295 "Certificate of Interested
Parties" as part of this Agreement if required by said statute.
23.This instrument, including exhibits, constitutes the entire agreement between
the City and the Licensee, and no prior written, oral, or contemporaneous
promises, warranties or representations shall be binding upon any parties.
This Agreement may only be amended by written instrument signed by
authorized representatives of the City and Licensee and approved as required
by City law.
24. To the maximum extent permitted by law, neither party will be liable to the
other party for any (1) indirect, special or consequential damages or (2)
punitive or exemplary damages suffered by such party or any of its equity
holders, managers, directors, officers, employees, agents or affiliates.
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EXECUTED IN DUPLICATE by the PARTIES, both of which hereby represent that the
signatures to this AGREEMENT, below, are of those persons with the capacity and
authority to legally bind the PARTIES.
LICENSEE
Name
Title
Company
STATE OF TEXAS
COUNTY OF
Date
ACKNOWLEDGMENT
§
§
§
This instrument was acknowledged before me on , 20, by
as of , on behalf of said company.
Notary Public's Signature
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IN TESTIMONY WHEREOF, the City of Corpus Christi has caused these presents to be
executed on this the day of , 20_
ATTEST: CITY OF CORPUS CHRISTI
Rebecca Huerta,
City Secretary
THE STATE OF TEXAS §
COUNTY OF NUECES §
By:
Peter Zanoni
City Manager
This instrument was acknowledged before me on , 20, by Peter
Zanoni, as City Manager of the City of Corpus Christi, a Texas Municipal Corporation, on
behalf of said corporation.
Notary Public, State of Texas
APPROVED AS TO LEGAL FORM:
Assistant City Attorney (Date)
For City Attorney
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EXHIBIT A
INSURANCE REQUIREMENTS
I. VENDOR'S LIABILITY INSURANCE
A. Vendor must not commence work under this contract until all insurance required has been
obtained and such insurance has been approved by the City. Vendor must not allow any
subcontractor, to commence work until all similar insurance required of any subcontractor
has been obtained.
B. Vendor must furnish to the City's Risk Manager and Contract Administrator one (1) copy
of Certificates of Insurance with applicable policy endorsements showing the following
minimum coverage by an insurance company(s) acceptable to the City's Risk Manager.
The City must be listed as an additional insured on the General liability policy by
endorsement, and a waiver of subrogation endorsement is required on all applicable
policies. Endorsements must be provided with Certificate of Insurance. Project name
and/or number must be listed in Description Box of Certificate of Insurance.
TYPE OF INSURANCE
MINIMUM INSURANCE COVERAGE
30 -day advance written notice of
Bodily Injury and Property Damage
cancellation, non -renewal, material change
or termination required on all certificates
and policies.
Per occurrence - aggregate
COMMERCIAL GENERAL LIABILITY
$1,000,000 Per Occurrence
including:
$1,000,000 Aggregate
1. Commercial Broad Form
2. Premises — Operations
3. Products/ Completed Operations
4. Contractual Liability
5. Independent Contractors
6. Personal Injury- Advertising Injury
II. ADDITIONAL REQUIREMENTS
A. Applicable for paid employees, Vendor must obtain workers' compensation coverage
through a licensed insurance company. The coverage must be written on a policy and
endorsements approved by the Texas Department of Insurance. The workers'
compensation coverage provided must be in statutory amounts according to the Texas
Department of Insurance, Division of Workers' Compensation. An All States Endorsement
shall be required if Vendor is not domiciled in the State of Texas.
B. Vendor shall obtain and maintain in full force and effect for the duration of this Contract,
and any extension hereof, at Vendor's sole expense, insurance coverage written on an
occurrence basis by companies authorized and admitted to do business in the State of Texas
and with an A.M. Best's rating of no less than A- VII.
C. Vendor shall be required to submit renewal certificates of insurance throughout the term
of this contract and any extensions within 10 days of the policy expiration dates. All
notices under this Exhibit shall be given to City at the following address:
City of Corpus Christi
Attn: Risk Manager
P.O. Box 9277
Corpus Christi, TX 78469-9277
D. Vendor agrees that, with respect to the above required insurance, all insurance
policies are to contain or be endorsed to contain the following required provisions:
• List the City and its officers, officials, employees, and volunteers, as additional insureds
by endorsement with regard to operations, completed operations, and activities of or on
behalf of the named insured performed under contract with the City, with the exception of
the workers' compensation policy;
• Provide for an endorsement that the "other insurance" clause shall not apply to the City of
Corpus Christi where the City is an additional insured shown on the policy;
• Workers' compensation and employers' liability policies will provide a waiver of
subrogation in favor of the City; and
• Provide thirty (30) calendar days advance written notice directly to City of any,
cancellation, non -renewal, material change or termination in coverage and not less than ten
(10) calendar days advance written notice for nonpayment of premium.
E. Within five (5) calendar days of a cancellation, non -renewal, material change or
termination of coverage, Vendor shall provide a replacement Certificate of Insurance and
applicable endorsements to City. City shall have the option to suspend Vendor's
performance should there be a lapse in coverage at any time during this contract. Failure
to provide and to maintain the required insurance shall constitute a material breach of this
contract.
F. In addition to any other remedies the City may have upon Vendor's failure to provide and
maintain any insurance or policy endorsements to the extent and within the time herein
required, the City shall have the right to order Vendor to stop work hereunder, and/or
withhold any payment(s) which become due to Vendor hereunder until Vendor
demonstrates compliance with the requirements hereof.
G. Nothing herein contained shall be construed as limiting in any way the extent to which
Vendor may be held responsible for payments of damages to persons or property resulting
from Vendor's or its subcontractor's performance of the work covered under this contract.
H. It is agreed that Vendor's insurance shall be deemed primary and non-contributory with
respect to any insurance or self insurance carried by the City of Corpus Christi for liability
arising out of operations under this contract.
I. It is understood and agreed that the insurance required is in addition to and separate from
any other obligation contained in this contract.
2018 Insurance Requirements
City Manager's Office
ROW - Driverless Dockless Vehicles - Scooters Right of Way License
11/16/2018 sw Risk Management
City of
Corpus
Christi
EXHIBIT B
CITY OF CORPUS CHRISTI
DISCLOSURE OF INTEREST
Corpus Christi Code § 2-349, as amended, requires all persons or firms seeking to do business
with the City to provide the following information. Every question must be answered. If the
question is not applicable, answer with "NA". See next page for Filing Requirements, Certification
and Definitions.
COMPANY NAME:
STREET ADDRESS:
CITY:
STATE:
P.O. BOX:
ZIP:
FIRM IS: 1. Corporation ❑ 2. Partnership ❑ 3. Sole Owner ❑
4. Association ❑ 5. Other ❑
If additional space is necessary, please use the reverse side of this page or attach separate sheet.
1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest"
constituting 3% or more of the ownership in the above named "firm."
Name Job Title and City Department (if known)
2. State the names of each "official' of the City of Corpus Christi having an "ownership interest"
constituting 3% or more of the ownership in the above named "firm."
Name Title
3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest"
constituting 3% or more of the ownership in the above named "firm."
Name Board, Commission or Committee
4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who
worked on any matter related to the subject of this contract and has an "ownership interest"
constituting 3% or more of the ownership in the above named "firm."
Name Consultant
FILING REQUIREMENTS
If a person who requests official action on a matter knows that the requested action will confer an
economic benefit on any City official or employee that is distinguishable from the effect that the
action will have on members of the public in general or a substantial segment thereof, you shall
disclose that fact in a signed writing to the City official, employee or body that has been requested
to act in the matter, unless the interest of the City official or employee in the matter is apparent.
The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics
Ordinance Section 2-349 (d)].
CERTIFICATION
I certify that all information provided is true and correct as of the date of this statement, that I
have not knowingly withheld disclosure of any information requested, and that supplemental
statements will be promptly submitted to the City of Corpus Christi, Texas, as changes occur.
Certifying Person: Title:
Signature of Date:
Certifying Person:
DEFINITIONS
a. "Board member." A member of any board, commission, or committee of the city, including the board
of any corporation created by the city.
b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect
on that interest that is distinguishable from its effect on members of the public in general or a substantial
segment thereof.
c. "Employee." Any person employed by the city, whether under civil service or not, including part-time
employees and employees of any corporation created by the city.
d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and
whether established to produce or deal with a product or service, including but not limited to, entities
operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint
stock company, joint venture, receivership or trust, and entities which for purposes of taxation are
treated as non-profit organizations.
e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City
Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi,
Texas.
f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm,
including when such interest is held through an agent, trust, estate, or holding entity. "Constructively
held" refers to holdings or control established through voting trusts, proxies, or special terms of venture
or partnership agreements.
g.
"Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi
for the purpose of professional consultation and recommendation.
LICENSE AGREEMENT — DOCKLESS VEHICLES
STATE OF TEXAS
COUNTY OF NUECES
§
§
§
This Agreement ("Agreement") is entered into by and between the City of Corpus Christi
("City"), a Texas home -rule municipal corporation, and , whose business
address is ("Licensee").
WHEREAS, the City is the owner of public infrastructure and right-of-way throughout its
boundaries, including, but not limited to, streets and sidewalks; and
WHEREAS, Licensee wishes to operate a business within the City to rent dockless
vehicles; and
WHEREAS, Licensee has requested that the City allow the use and occupancy of the
City's right-of-way for parking of Licensee's dockless vehicles.
NOW THEREFORE, THE CITY AND LICENSEE AGREE AS FOLLOWS:
In accordance with Article IX, Section 1, of the City's City Charter, the City has granted
and by these presents does grant to Licensee, for the term and upon the conditions
stated in this Agreement, a License for the right to park dockless vehicles in the City's
right-of-way in accordance with the terms of this License.
The License granted by this Agreement is issued to the Licensee only. This Agreement
may not be assigned by Licensee without the City Manager's prior written consent. The
City Manager's right to withhold consent to such assignment is within the sole discretion
of the City Manager on any ground whatsoever.
The License granted by this Agreement is subject to the Licensee's compliance at all
times with the following conditions:
1. Licensee agrees to pay all fees associated with the License. Failure to pay
fees may result in revocation of the License on seven -days' written notice to
Licensee. The required licensing fees are as follows:
a. A fee in the amount of $60 annually per dockless vehicle available for
rent in the City. The first payment of this fee is due upon execution of
this Agreement. Future annual fees are due by January 1st of each year.
b. A fee in the amount of $0.30 per ride for each time a dockless vehicle is
activated to be ridden within the City limits, which is due by the 10th day
of each calendar month for the rides taken in the preceding month.
1
Licensee shall provide, along with this fee, a report detailing the number
of rides within the City during the preceding month, number of vehicles
deployed each day, average number of rides per scooter, average ride
length (in minutes) and heat maps showing the start and end location for
each ride during the month.
c. A Relocation Fee of $20 will be charged any time a City employee
moves a dockless vehicle that has been parked in an unauthorized
manner for more than two hours or that does not have a printed permit
attached to the dockless vehicle after the City provided notification to the
Licensee of the dockless vehicle's location. The City will notify the
Licensee as soon as practicable that the dockless vehicle was moved
and will invoice any fees monthly.
2. If Licensee's dockless vehicles are parked in the City's right-of-way, Licensee
shall deploy, and only allow riders to park, dockless vehicles (1) upright on
sidewalks as defined by Section 53-260 of the Code of Ordinances or (2)
laying flat in the grassy parkway along the curb. Licensee is encouraged to
deploy, and shall encourage riders to park, the dockless vehicles on sewer
caps or other concrete areas that will not impact pedestrian access to the
sidewalk. In areas where a dockless vehicle corral is available within
1,000 feet, Licensee will deploy all vehicles as authorized within the
boundaries of the corral and require that all riders park such dockless
vehicles in the corral, which requirement will be enforced with available
technology. No dockless vehicles may be deployed or parked on any City
street, including in marked parking spaces on City streets. The Licensee shall
ensure that its dockless vehicles are deployed and parked in such a manner
as to:
a. maintain at least 36 inches of space on the sidewalk to allow for
pedestrian traffic and accommodate ADA requirements; and
b. not block any of the following:
i. Disabled parking zones
ii. Wheelchair or curb Ramps
iii. Bicycle lanes
iv. Commercial loading zones
v. Railroad tracks or crossings
vi. Passenger loading zones or valet parking services areas
vii. Buildings entryways
viii. Vehicular driveways
ix. Fire hydrants or fire lanes
c. Dockless vehicles can be placed in the following areas, but cannot block
access to any of the following:
2
i. Transit stops, shelters or platforms
ii. Bus benches
iii. Street furniture that requires pedestrian access (ie. Benches)
d. Licensee may deploy no more than dockless vehicles in City
limits. The City will provide permit stickers for each dockless vehicle
once they are designed and printed. Licensee must, within seven days
after receiving permit stickers, ensure that a permit sticker is affixed to
each dockless vehicle deployed within the City limits. If Licensee wishes
to add additional dockless vehicles to its fleet in the City limits, Licensee
may request authorization from the City Manager or designee ("City
Manager") for those additional dockless vehicles. If Licensee is permitted
to deploy additional dockless vehicles, then Licensee will pay to the City
a fee of $50 per additional dockless vehicle, which must be paid
before any additional dockless vehicles are deployed. The City will
provide additional permit stickers for any approved dockless vehicles,
which must be affixed on the dockless vehicles before they are
deployed. The additional dockless vehicles will be added into the
calculation of the next annual fee due on January 1st of each year.
e. Licensee may deploy no more than dockless vehicles on the
Downtown Seawall located along Shoreline Blvd. between the Barge
Dock and Cole Park (the "Seawall"). The City Manager may, by
providing 48 hrs. notice to Licensee, adjust the number of dockless
vehicles that Licensee is authorized to deploy on the Seawall. Each day,
by 7:00 a.m., Licensee will confirm that no more than the authorized
number of its dockless vehicles are parked on the Seawall. Licensee will
ensure that all dockless vehicles deployed on the Seawall are deployed
as authorized in dockless vehicle corrals once such corrals are available.
Licensee may deploy additional dockless vehicles in appropriate places
in Water's Edge Park with approval of the City.
3. Licensee will ensure that the following restrictions on the operation of
dockless vehicles are included in the information provided to customers and
enforced by Licensee when violations are discovered.
a. Dockless vehicles may not be operated with more than one passenger.
b. Dockless vehicles may only be operated by a person who possesses a
valid driver's license.
c. Dockless vehicles may not operate on the Seawall and on the
"Beachwalk", the pedestrian sidewalk that runs along the beach on North
Beach, at a speed in excess of 10 miles per hour. Licensee will use
available technology to enforce this requirement.
3
d. The City Manager may provide a list of individual locations on which the
dockless vehicles may be limited or may not be allowed to operate for
safety reasons, which list may be updated periodically. Licensee will use
available technology to enforce the limitations provided on that list.
4. This Agreement, and the rights granted under the Agreement, may be revoked
at any time by the City as follows:
a. Termination for breach by Licensee: upon not Tess than 30 days' notice,
in writing, by the City Manager this Agreement will terminate unless the
Licensee is able to cure the defect within such 30 -day period.
b. Termination for convenience: upon 60 days' notice, in writing, by the City
Manager, this Agreement may be terminated for any reason.
c. This Agreement will also automatically terminate upon 14 days' written
notice from the City Manager that the License is being revoked following
the award of licenses at the conclusion of the City's procurement
process that is expected to be completed in Spring of 2022.
d. In the event of a revocation by the City Manager or earlier termination of
this Agreement by either party, no portion of any payment made under
this Agreement is refundable to the Licensee.
5. Subject to termination under paragraph 4 above, the term of this License
begins on the date signed by the last party and expires on January 1, 2023.
This Agreement shall automatically renew for two successive terms expiring
on January 1 of each successive year, unless either party has given 30 days'
notice, in writing, of its desire to terminate this Agreement. This Agreement
automatically terminates if Licensee discontinues or abandons the use of the
City's right-of-way for a period of more than seven consecutive days or on the
effective date of any City ordinance banning the use or rental of dockless
vehicles of the sort rented by Licensee in the City's right-of-way. This
Agreement will automatically expire on the effective date of any City ordinance
that requires a permit for the rental of dockless vehicles within the City. This
License is made expressly subject and subordinate to the right of the City to
use the City's right-of-way for any public purpose.
6. Upon expiration or earlier termination of this License, Licensee shall at its sole
cost and expense make or cause to be made the removal of the dockless
vehicles from the City's right-of-way. Licensee shall reimburse City for the cost
of City's removal of the dockless vehicles if Licensee does not remove them
within 48 hours following the expiration or earlier termination of this License.
4
7. The Licensee agrees to comply with all City ordinances, State of Texas and
federal laws.
8. The City may, upon at least 48 hours' notice, require Licensee to prohibit its
riders from riding or parking its dockless vehicles in specified locations during
special events, such as the Buc Days festival. Licensee shall use geo-fencing
technology and/or other appropriate methods to enforce the prohibition when
requested.
9. If Licensee receives a report or complaint from any person regarding a
dockless vehicle parked in a manner that does not comply with this License,
Licensee will investigate and correct any unauthorized parking within two
hours. Repeated failure to timely respond to reports or complaints may result
in revocation of this License on seven -days' written notice to Licensee. If a City
employee moves a dockless vehicle that has been parked in an unauthorized
manner for more than two hours, the Licensee will pay the Relocation Fee
provided in paragraph 1 above.
10. The Licensee shall acquire and maintain at all times for the term of this
Agreement insurance coverage pertaining to the dockless vehicle activities
authorized by this License. The types of required insurance coverages must
be in the minimum amounts set forth in the attached Exhibit A, the
substantive content of Exhibit A being incorporated by reference into this
License as if fully set out here in its entirety. The insurance policies must
name the City as an additional insured and may not be canceled, renewed or
materially changed by Licensee unless at least ten (10) days advance written
notice has been provided to the City. Upon the City Manager's written request,
Licensee shall provide copies of all requested insurance policies to the City's
City Attorney.
11. Licensee agrees that its dockless vehicles will be maintained in good, working
order, and inspected regularly in accordance with the following:
a. Licensee shall be capable of quickly identifying and addressing safety
and maintenance issues with any of its dockless vehicles, including a
user-friendly and convenient, as determined by the City Manager,
mechanism for notification to the company that there is a safety or
maintenance concern with the unit.
b. Licensee shall be capable of remotely disabling the use of a dockless
vehicle immediately should it be reported or found to have a safety,
maintenance or other hazardous condition.
c. Licensee shall remove any dockless vehicle that is not safe to operate
within two hours of receipt of notice and shall not redeploy the dockless
vehicle until repaired.
5
d. Licensee shall keep a record of known collisions and send these reports
to the City on a monthly basis, due on the 5th of each month.
e. Licensee shall keep a record of maintenance activities including but not
limited to identification number of the dockless vehicle and maintenance
performed.
12.On or before the effective date of this License, Licensee will provide the
following information to the City, and will update such information within seven
days following any changes:
a. Name, phone number and email address of local fleet manager;
b. Phone number and email address for public to report improperly parked
dockless vehicles and other violations. The phone number must be
posted on each dockless vehicle; and
c. Address of fixed facilities in the City used in the operation, if any, and the
address of the applicant's headquarters, if different from the address of
the fixed facilities.
13.On or before the 5th day of each month, beginning on the first month after the
effective date of this License, Licensee will provide the following information to
the City:
a. Access to an online, interactive dashboard offering data about its fleet
and trip activity within the City. Information available to the City through
this dashboard shall include, but is not limited to:
i. Total number of rides, with the ability to sort and aggregate on a
daily, monthly, quarterly, and annual basis.
ii. Total number of dockless vehicles deployed with the ability to sort,
aggregate and filter historical data on a daily, monthly, quarterly,
and annual basis.
iii. Anonymized aggregated data in the form of heat maps showing
routes, origins and destinations with the ability to sort, aggregate
and filter historical data on a daily, monthly, quarterly, and annual
basis.
iv. The ability to export the above raw data into a comma separated
value (csv) format.
6
b. Licensee shall provide the City with access to an Application
Programming Interface (API) offering data about its fleet and trip activity
within the City, meeting the requirements of the Mobility Data
Specification (MDS) format.
c. The MDS API will provide standardized data that contains information
with respect to individual rides, including without limitation: Start -time,
end -time, start location, end location, route information, dockless vehicle
ID, total trip distance.
d. Licensee responsible for providing the City with the API key,
documentation, and any other required information to fully utilize the
MDS API.
e. Licensee shall maintain a record of maintenance activities. These
records shall be made available to the City upon request.
f. Licensee warrants that the data provided pursuant to this License will be
accurate. Licensee will not knowingly provide any false information. If the
City determines that any of the data provided by Licensee is false or
misleading, the City may immediately revoke this License. If the License
is revoked in accordance with this subparagraph f, Licensee must
remove all dockless vehicles from the City's right-of-way within 48 hours
of notice from the City.
g.
Licensee shall not provide personally identifiable information to the City.
Any information related to rides or ridership must be anonymized prior to
reporting to the City.
14. Licensee shall educate customers, employees, and contractors regarding the
laws applicable to riding, operating, and parking a dockless vehicle as well as
the terms of this License related to the proper parking of dockless vehicles.
15. Licensee shall comply with Payment Card Industry Data Security Standards
(PCI DSS).
16. Licensee shall take appropriate actions to safeguard any data received from
customers and shall be solely responsible for any data breach. Licensee
warrants that it follows accepted industry standards related to privacy and safe
storage of customer data. Licensee shall promptly notify the City of any data
breach. Licensee shall not provide personally identifiable information to the
City.
17. LICENSEE COVENANTS TO FULLY INDEMNIFY, SAVE AND HOLD
HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS,
EMPLOYEES, AND AGENTS, ("INDEMNITEES") AGAINST ANY AND ALL
LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS AND ACTIONS OF ANY
NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES
(INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS'
COMPENSATION AND DEATH CLAIMS), OR PROPERTY LOSS OR
DAMAGE OF ANY KIND WHATSOEVER (COLLECTIVELY, "CLAIMS"),
ASSERTED AGAINST INDEMNITEES, WHICH ARISE OUT OF OR ARE IN
ANY MANNER CONNECTED WITH, OR ARE CLAIMED TO ARISE OUT OF
OR BE IN ANY MANNER CONNECTED WITH THE USE OF THE RIGHT-
OF-WAY PURSUANT TO THIS AGREEMENT, EXCEPT TO THE EXTENT
SUCH CLAIMS ARE BASED ON OR RESULT FROM INDEMNITEES'
NEGLIGENCE OR UNLAWFUL OR WRONGFUL ACTS OR OMISSIONS.
LICENSEE MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS,
ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND
ALL ACTIONS BASED ON ANY CLAIMS, WITH COUNSEL REASONABLY
SATISFACTORY TO INDEMNITEES, AND PAY ALL CHARGES OF
ATTORNEYS AND ALL OTHER REASONABLE COSTS AND EXPENSES
OF ANY KIND ARISING FROM ANY OF SAID CLAIMS, WHICH ARE
FINALLY AWARDED BY A COURT OF COMPETENT JURISIDICTION OR
AGREED TO BY LICENSEE IN SETTLEMENT.
18.AII signatories signing this Agreement warrant and guarantee that they have
the authority to act on behalf of the entity represented and make this
Agreement binding and enforceable by their signatures.
19. Unless otherwise stated in this Agreement, any notice required or permitted to
be given under this Agreement must be in writing and sent by certified mail,
return receipt requested to the following addresses:
If to Licensee:
Attn:
If to the City: City of Corpus Christi
Attn: Finance Department
P. O. Box 9277
Corpus Christi, TX 78469-9277
Any party shall, by notice to the others in accordance with the provisions of
this paragraph, specify a different address or addressee for notice purposes
within 10 days of any address change.
Notice of dockless vehicles parked in an unauthorized manner can be made
by e-mail or by phone. For purposes of the requirement to move the dockless
vehicle under paragraph 7, notice is effective immediately upon sending the
e-mail or making the phone call.
8
Phone:
E-mail address:
20.This License shall be construed under and in accordance with the laws of the
State of Texas, and all obligations of the parties created pursuant to this
License are performable in Nueces County, Texas. All actions arising from,
out of, or related to this License must be filed, tried, and resolved in and
cannot be removed from Nueces County, Texas.
21.The Licensee further agrees, in compliance with Section 2-349 of the Corpus
Christi Code of Ordinances, to complete, as part of this Agreement, the
"Disclosure of Interests" form attached to this Agreement as Exhibit B.
Completed versions of Exhibit B by the Licensee form a part of this
Agreement and are incorporated by reference into this Agreement as if set out
here in their entireties.
22. Licensee agrees to comply with Texas Government Code Section 2252.908,
as it may be amended, and to complete Form 1295 "Certificate of Interested
Parties" as part of this Agreement if required by said statute.
23.This instrument, including exhibits, constitutes the entire agreement between
the City and the Licensee, and no prior written, oral, or contemporaneous
promises, warranties or representations shall be binding upon any parties.
This Agreement may only be amended by written instrument signed by
authorized representatives of the City and Licensee and approved as required
by City law.
24. To the maximum extent permitted by law, neither party will be liable to the
other party for any (1) indirect, special or consequential damages or (2)
punitive or exemplary damages suffered by such party or any of its equity
holders, managers, directors, officers, employees, agents or affiliates.
9
EXECUTED IN DUPLICATE by the PARTIES, both of which hereby represent that the
signatures to this AGREEMENT, below, are of those persons with the capacity and
authority to legally bind the PARTIES.
LICENSEE
Name
Title
Company
STATE OF TEXAS
COUNTY OF
Date
ACKNOWLEDGMENT
§
§
§
This instrument was acknowledged before me on , 20, by
, as of , on behalf of said company.
Notary Public's Signature
10
IN TESTIMONY WHEREOF, the City of Corpus Christi has caused these presents to be
executed on this the day of , 20_
ATTEST: CITY OF CORPUS CHRISTI
Rebecca Huerta,
City Secretary
THE STATE OF TEXAS §
COUNTY OF NUECES §
By:
Peter Zanoni
City Manager
This instrument was acknowledged before me on , 20_, by Peter
Zanoni, as City Manager of the City of Corpus Christi, a Texas Municipal Corporation, on
behalf of said corporation.
Notary Public, State of Texas
APPROVED AS TO LEGAL FORM:
Assistant City Attorney (Date)
For City Attorney
11
EXHIBIT A
INSURANCE REQUIREMENTS
I. VENDOR'S LIABILITY INSURANCE
A. Vendor must not commence work under this contract until all insurance required has been
obtained and such insurance has been approved by the City. Vendor must not allow any
subcontractor, to commence work until all similar insurance required of any subcontractor
has been obtained.
B. Vendor must furnish to the City's Risk Manager and Contract Administrator one (1) copy
of Certificates of Insurance with applicable policy endorsements showing the following
minimum coverage by an insurance company(s) acceptable to the City's Risk Manager.
The City must be listed as an additional insured on the General liability policy by
endorsement, and a waiver of subrogation endorsement is required on all applicable
policies. Endorsements must be provided with Certificate of Insurance. Project name
and/or number must be listed in Description Box of Certificate of Insurance.
TYPE OF INSURANCE
MINIMUM INSURANCE COVERAGE
30 -day advance written notice of
Bodily Injury and Property Damage
cancellation, non -renewal, material change
or termination required on all certificates
and policies.
Per occurrence - aggregate
COMMERCIAL GENERAL LIABILITY
$1,000,000 Per Occurrence
including:
$1,000,000 Aggregate
1. Commercial Broad Form
2. Premises — Operations
3. Products/ Completed Operations
4. Contractual Liability
5. Independent Contractors
6. Personal Injury- Advertising Injury
II. ADDITIONAL REQUIREMENTS
A. Applicable for paid employees, Vendor must obtain workers' compensation coverage
through a licensed insurance company. The coverage must be written on a policy and
endorsements approved by the Texas Department of Insurance. The workers'
compensation coverage provided must be in statutory amounts according to the Texas
Department of Insurance, Division of Workers' Compensation. An All States Endorsement
shall be required if Vendor is not domiciled in the State of Texas.
B. Vendor shall obtain and maintain in full force and effect for the duration of this Contract,
and any extension hereof, at Vendor's sole expense, insurance coverage written on an
occurrence basis by companies authorized and admitted to do business in the State of Texas
and with an A.M. Best's rating of no less than A- VII.
C. Vendor shall be required to submit renewal certificates of insurance throughout the term
of this contract and any extensions within 10 days of the policy expiration dates. All
notices under this Exhibit shall be given to City at the following address:
City of Corpus Christi
Attn: Risk Manager
P.O. Box 9277
Corpus Christi, TX 78469-9277
D. Vendor agrees that, with respect to the above required insurance, all insurance
policies are to contain or be endorsed to contain the following required provisions:
• List the City and its officers, officials, employees, and volunteers, as additional insureds
by endorsement with regard to operations, completed operations, and activities of or on
behalf of the named insured performed under contract with the City, with the exception of
the workers' compensation policy;
• Provide for an endorsement that the "other insurance" clause shall not apply to the City of
Corpus Christi where the City is an additional insured shown on the policy;
• Workers' compensation and employers' liability policies will provide a waiver of
subrogation in favor of the City; and
• Provide thirty (30) calendar days advance written notice directly to City of any,
cancellation, non -renewal, material change or termination in coverage and not less than ten
(10) calendar days advance written notice for nonpayment of premium.
E. Within five (5) calendar days of a cancellation, non -renewal, material change or
termination of coverage, Vendor shall provide a replacement Certificate of Insurance and
applicable endorsements to City. City shall have the option to suspend Vendor's
performance should there be a lapse in coverage at any time during this contract. Failure
to provide and to maintain the required insurance shall constitute a material breach of this
contract.
F. In addition to any other remedies the City may have upon Vendor's failure to provide and
maintain any insurance or policy endorsements to the extent and within the time herein
required, the City shall have the right to order Vendor to stop work hereunder, and/or
withhold any payment(s) which become due to Vendor hereunder until Vendor
demonstrates compliance with the requirements hereof.
G. Nothing herein contained shall be construed as limiting in any way the extent to which
Vendor may be held responsible for payments of damages to persons or property resulting
from Vendor's or its subcontractor's performance of the work covered under this contract.
H. It is agreed that Vendor's insurance shall be deemed primary and non-contributory with
respect to any insurance or self insurance carried by the City of Corpus Christi for liability
arising out of operations under this contract.
I. It is understood and agreed that the insurance required is in addition to and separate from
any other obligation contained in this contract.
2018 Insurance Requirements
City Manager's Office
ROW - Driverless Dockless Vehicles - Scooters Right of Way License
11/16/2018 sw Risk Management
elliA11101i
City of
Corpus
Christi
EXHIBIT B
CITY OF CORPUS CHRISTI
DISCLOSURE OF INTEREST
Corpus Christi Code § 2-349, as amended, requires all persons or firms seeking to do business
with the City to provide the following information. Every question must be answered. If the
question is not applicable, answer with "NA". See next page for Filing Requirements, Certification
and Definitions.
COMPANY NAME:
STREET ADDRESS:
CITY:
STATE:
P.O. BOX:
ZIP:
FIRM IS: 1. Corporation ❑ 2. Partnership ❑ 3. Sole Owner ❑
4. Association ❑ 5. Other ❑
If additional space is necessary, please use the reverse side of this page or attach separate sheet.
1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest"
constituting 3% or more of the ownership in the above named "firm."
2. State the names of each "official" of the City of Corpus Christi having an "ownership interest"
constituting 3% or more of the ownership in the above named "firm."
Name Title
3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest"
constituting 3% or more of the ownership in the above named "firm."
Name Board, Commission or Committee
4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who
worked on any matter related to the subject of this contract and has an `ownership interest"
constituting 3% or more of the ownership in the above named "firm."
Name Consultant
FILING REQUIREMENTS
If a person who requests official action on a matter knows that the requested action will confer an
economic benefit on any City official or employee that is distinguishable from the effect that the
action will have on members of the public in general or a substantial segment thereof, you shall
disclose that fact in a signed writing to the City official, employee or body that has been requested
to act in the matter, unless the interest of the City official or employee in the matter is apparent.
The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics
Ordinance Section 2-349 (d)].
CERTIFICATION
I certify that all information provided is true and correct as of the date of this statement, that I
have not knowingly withheld disclosure of any information requested, and that supplemental
statements will be promptly submitted to the City of Corpus Christi, Texas, as changes occur.
Certifying Person: Title:
Signature of Date:
Certifying Person:
DEFINITIONS
a. "Board member." A member of any board, commission, or committee of the city, including the board
of any corporation created by the city.
b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect
on that interest that is distinguishable from its effect on members of the public in general or a substantial
segment thereof.
c. "Employee." Any person employed by the city, whether under civil service or not, including part-time
employees and employees of any corporation created by the city.
d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and
whether established to produce or deal with a product or service, including but not limited to, entities
operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint
stock company, joint venture, receivership or trust, and entities which for purposes of taxation are
treated as non-profit organizations.
e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City
Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi,
Texas.
f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm,
including when such interest is held through an agent, trust, estate, or holding entity. "Constructively
held" refers to holdings or control established through voting trusts, proxies, or special terms of venture
or partnership agreements.
g.
"Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi
for the purpose of professional consultation and recommendation.